(a) to achieve food security

(b) for the exclusive use and enjoyment of Filipino

citizens
(c) to ensure the rational and sustainable
development, management and conservation of the
fishery and aquatic resources in Philippine waters
(d) to protect the rights of fisherfolk
(e) to provide support to the fishery sector
(f ) to manage fishery and aquatic resources
(g) to grant the private sector the privilege to utilize
fishery resources
1. Conservation, protection and sustained
management of the country's fishery and aquatic
resources;
2. Poverty alleviation and the provision of
supplementary livelihood among municipal fisherfolk;
3. Improvement of productivity of aquaculture within
ecological limits;
4. Optimal utilization of offshore and deep-sea
resources; and
5. Upgrading of post-harvest technology.

(a) all Philippine waters including other waters over
which the Philippines has sovereignty and jurisdiction,
and the country's 200-nautical mile Exclusive
Economic Zone (EEZ) and continental shelf;
(b) all aquatic and fishery resources whether inland,
coastal or offshore fishing areas, including but not
limited to fishponds, fishpens/cages; and
(c) all lands devoted to aquaculture, or businesses and
activities relating to fishery, whether private or public
lands
The use and exploitation of the fishery and aquatic
resources in Philippine waters shall be reserved
exclusively to Filipinos:

Provided, however, That research and survey activities
may be allowed under strict regulations, for purely
research, scientific, technological and educational
purposes that would also benefit Filipino citizens
Municipal Fisheries
Commercial Fisheries
Aquaculture
refers to fishing within
municipal waters using
fishing vessels of 3 gross
tons or less, or fishing not
requiring the use of fishing
vessels


Municipal/City Government
and Integrated Fisheries
and Aquatic Resources
Management Councils
(FARMCs)

8
8
Municipal Waters INCLUDE
Streams, lakes, inland bodies of water
Tidal waters
Marine waters included

within 2 lines drawn perpendicular to the general
coastline from points where the boundary lines of
the municipality touch the sea at low tide and

a third line parallel with the general coastline
including offshore islands and 15 kilometers from
such coastline;

if opposite shores of two municipalities are less than
30 kilometers apart, the third line shall be equally
distant from opposite shores.

9
9
(10.1) to (15) kilometer area from the shoreline in
municipal waters
(a) no commercial fishing in municipal waters with depth
less than seven fathoms (13m) as certified by the
appropriate agency;
(b) fishing activities utilizing methods and gears that are
determined to be consistent with national policies set by
the Department;
(c) prior consultation, through public hearing, with the
M/CFARMC has been conducted; and
(d) the applicant vessel as well as the shipowner, employer,
captain and crew have been certified by the appropriate
agency as not having violated this Code, environmental
laws and related laws.

11
11
the taking of fishery species by passive or active gear for
trade, business & profit beyond subsistence or sports
fishing, to be further classified as:
(1) Small scale commercial fishing - fishing with passive
or active gear utilizing fishing vessels of 3.1 gross tons
(GT) up to twenty (20) GT;
(2) Medium scale commercial fishing - fishing utilizing
active gears and vessels of 20.1 GT up to one hundred
fifty (150) GT; and
(3) Large commercial fishing - fishing utilizing active
gears and vessels of more than one hundred fifty (150)
GT.

to citizens of the Philippines, partnerships or to
associations, cooperatives or corporations duly
registered in the Philippines at least sixty percent
(60%) of the capital stock of which is owned by
Filipino citizens.
Provided, That they comply with the safety, manning and other requirements
of the Philippine Coast Guard, Maritime Industry Authority and other agencies
concerned:
Provided, however, That they secure an international fishing permit and
certificate of clearance from the Department:
Provided, further, That the fish caught by such vessels shall be considered as
caught in Philippine waters and therefore not subject to all import duties and
taxes only when the same is landed in duly designated fish landings and fish
ports in the Philippines:
Provided, furthermore, That landing ports established by canneries, seafood
processors and all fish landing sites established prior to the effectivity of this
Code shall be considered authorized landing sites:
Provided, finally, That fishworkers on board Philippine registered fishing
vessels conducting fishing activities beyond the Philippine Exclusive Economic
Zone are not considered as overseas Filipino workers.

fishery operations involving
all forms of raising and
culturing fish and other
fishery species in fresh,
brackish and marine water
areas




E.g. fish pens, fish cages, fish
traps, pearl farms, Etc.

(a) Areas leased for fishpond purposes shall be no
more than 50 hectares for individuals and 250 hectares
for corporations or fisherfolk organizations;

(b) The lease shall be for a period of twenty-five (25)
years and renewable for another twenty-five (25) years
PROHIBITIONS
AND
PENALTIES
18
Section 86
UNAUTHORIZED FISHING OR ENGAGING IN OTHER
UNAUTHORIZED FISHERIES ACTIVITIES
VIOLATIONS
1. Engage in any fishing activity without a LLP
2. Commercial fishing vessel fishing in bays or other
fishery management areas which are declared
overexploited
PENALTIES
For commercial fishing boat captain and or three (3)
highest officers:
1. Fine- value of catch or P10,000 whichever is higher
2. Imprisonment six (6) months
3. Confiscation of catch & gears
4. Automatic revocation of license
19
UNAUTHORIZED FISHING OR ENGAGING IN OTHER
UNAUTHORIZED FISHERIES ACTIVITIES
VIOLATIONS
Commercial Fishing by persons not listed in the registry of
mun. fisherfolk
PENALTIES
1. Fine of P 500.00
2. Confiscation of catch

*Discovery of any person in an area where he has no permit
or registration papers for a fishing vessel shall
constitute a prima facie presumption that the person
and/or vessel is engaged in unauthorized fishing:
Section 86
20
Section 87
POACHING IN PHILIPPINE WATERS
VIOLATIONS
To fish or operate any fishing vessel by a foreign person,
corporation or entity in Philippine waters

PENALTIES
For commercial fishing boat captain and or three (3)
highest officers:
1. Fine - $100,000
2. Confiscation of catch, fishing equipment and
fishing vessel
3. Administrative fine - $50,000 to $200,000/
equivalent Philippine currency
*The entry of any foreign fishing vessel in Philippine
waters shall constitute a prima facie evidence that the
vessel is engaged in fishing in Philippine waters
22
Section 88
VIOLATIONS
To fish with the use of electricity, explosives, noxious or
poisonous (EENP) substances
Exceptions: , may allow, for research,
educational or scientific purposes only
Possession of explosives-prima facie
evidence

PENALTIES
Imprisonment ranging from five (5) to ten (10) years plus
forfeiture of EENP, fishing vessels / equipment and catch
FISHING THROUGH EXPLOSIVES, NOXIOUS OR
POISONOUS SUBSTANCE, AND/OR ELECTRICITY
23
Section 88
VIOLATIONS
Mere possession of explosive, noxious or poisonous
substances or electro-fishing devices for illegal fishing

PENALTIES
Imprisonment ranging from six (6) months to two (2) years
plus forfeiture of EENP, fishing vessels / equipment and
catch
FISHING THROUGH EXPLOSIVES, NOXIOUS OR
POISONOUS SUBSTANCE, AND/OR ELECTRICITY
24
Section 88
VIOLATIONS
Dealing in, selling, or in any manner disposing of, for
profit, illegally caught / gathered fisheries

PENALTIES
Imprisonment ranging from six (6) months to two (2) years
plus forfeiture of EENP, fishing vessels / equipment and
catch

FISHING THROUGH EXPLOSIVES, NOXIOUS OR
POISONOUS SUBSTANCE, AND/OR ELECTRICITY
25
Section 89
VIOLATIONS
To use fine mesh nets
Less than 3cms;

PENALTIES
The Department may impose an
administrative fine and/or cancel
his permit or license.
USE OF FINE MESH NETS
Fry- a stage at which a fish has just been hatched usually
with sizes from 1-2.5 cm.



Glass eels Elvers Tabios




Alamang and other species w/c by nature small but
already mature;

27
Section 90
VIOLATIONS
To use of active gear in municipal waters and bays and
other fishery management areas

Active fishing gear - Trawl, purse seine, danish seine, ring net,
drive in-net, round haul seine, motorized push net, bag net

PENALTIES
1.Owner/operator of the vessel, fine of P2,000 to P20,000
2. Confiscation and forfeiture of catch
3. Boat captain and master fisherman
-imprisonment from 2 to 6 years
USE OF ACTIVE GEAR
28
4 Scissor net (municipal)
5 Drive-in-net (municipal)
6 Round haul seine (municipal)
7 Purse seine/ring net (municipal)
1 Beach seine (municipal)
2 Trawl (commercial/municipal)
3 Fish corral (municipal)
29
Section 91
VIOLATIONS
To gather, possess, sell or export ordinary, precious and
semi-precious corals, whether raw or in processed form

PENALTIES
1. Imprisonment - 6 mos to 2 years; and/or
2. Fine of P2,000 to P20,000
3. Forfeiture of subject corals, vessel and its proper
disposition.
BAN ON CORAL EXPLOITATION AND
EXPORTATION
30
Section 92
VIOLATIONS
To fish with gear method that destroys coral reefs,
seagrass bed and other fishery marien life habitat and to
fish with the use of muro-ami and any of its variation.

PENALTIES
1. Imprisonment from 2 to 10 years; and/or
2. Fine not less than P100,000-P500,000
3. Confiscation of substances taken
BAN ON MURO-AMI, OTHER METHODS AND
GEAR DESTRUCTIVE TO CORAL REEFS AND
OTHER MARINE HABITAT
31
Section 92
VIOLATIONS
To gather, sell, or export white sand, silica, pebbles, and
any other substances which make up any marine habitat

PENALTIES
1. Imprisonment from 2 to 10 years; and/or
2. Fine not less than P100,000
3. Confiscation of substances taken


Muro-Ami

Pa-aling
33
Section 93

also called magic light, is a type of light using halogen or metal halide bulb
which may be located above the sea surface or submerged in the water. It
consists of a ballast, regulator, electric cable and socket. The source of energy
comes from a generator, battery or dynamo coupled with the main engine.
VIOLATIONS
Use of superlights in fishing in municipal waters
Prescribed wattage
1) small- 20 KW per vessel
2) Med.- 36 KW per vessel
3) Large-40 KW per vessel
PENALTIES
1. Imprisonment from 6 months to 2 years; and/or
2. Fine of P5,000.00 per superlight
3. Confiscation of superlights, fishing gears and vessels
ILLEGAL USE OF SUPERLIGHTS

34
Section 94
VIOLATIONS
Convert mangroves into fishponds or for any other
purposes

PENALTIES
1. Imprisonment - 6 yrs + 1 day to 12 years;
2. Fine - P80,000.00
3. Restoration of the damage
CONVERSION OF MANGROVES
35
Section 95
VIOLATIONS
Fishing
1) In Overfished Area
2) During closed season


PENALTIES
1. Imprisonment from 6 months and 1 day to 6 years;
and/or
2. Fine of P6,000.00
3. Forfeiture of catch & cancellation of permit/license
FISHING IN OVERFISHED AREA AND DURING
CLOSED SEASON
36
Section 96
VIOLATIONS
To fish
1) fishery reserves;
2) Refuge; and
3) Sanctuaries

PENALTIES
1. Imprisonment - 2 years to 6 years; and/or
2. Fine -P2,000.00 to 20,000.00; and
3. Forfeiture of catch and cancellation of permit or
license.
FISHING IN FISHERY RESERVES, REFUGE
AND SANCTUARIES
37
Section 97
VIOLATIONS
Acts:
1) Fish
2) Take

RTE as listed in the CITES and as determined by the
Department

PENALTIES
1. Imprisonment -12 yrs to 20 yrs; and/or
2. Fine- P120,000.00
3. Forfeiture of catch & cancellation of permit
FISHING OR TAKING OF RARE, THREATENED
OR ENDANGERED SPECIES
38
Dolphins
(FAO No. 185, 1992)
Whale Sharks and Manta Rays
(FAO No. 193, 1998)
Sea Cows (DENR Admin. Order
No. 55-91)
Giant Clam
39
Section 98
VIOLATION
Catch Sabalo [mature milkfish] and other breeders as
determined by the Department
Exceptions:
1) Local breeding 2)Scientific 3)Research

Full grown bangus 60 cms in length


PENALTIES
1. Imprisonment-6 months and 1 day to 8 years; and/or
2. Fine of P80,000.00
3. Forfeiture of catch & cancellation of permit

CAPTURE OF SABALO AND OTHER
BREEDERS / SPAWNERS
40
Section 99
VIOLATION
Export
- Breeders, spawners, eggs or fry

PENALTIES
1. Imprisonment- 8 years; and/or
2. Fine-double the value
3. Confiscation
4. Revocation of License
EXPORTATION OF BREEDERS, SPAWNERS,
EGGS OR FRY
41
Section 100
VIOLATIONS
Export or import of fish or fisheries species in violation of this
Code

PENALTIES
1. Imprisonment- 8 years; and/or
2. Fine-P 80,000.00
3. Destruction/ forfeiture of fish
4. Banned to be members/stockholders of companies
engaged in fishing
IMPORTATION OR EXPORTATION OF FISH AND
FISHERY SPECIES
42
Section 101
VIOLATIONS
To fish in violation of catch ceilings.
annual catch limits allowed to be taken, gathered or
harvested from any fishing area in consideration of
the need to prevent overfishing and harmful
depletion of breeding stocks of aquatic organisms
Set by the Department

PENALTIES
1. Imprisonment- 6 mos. & 1 day to 6 years; and/or
2. Fine-P 50,000.00
3. Forfeiture of fish, equipments
4. Revocation of license
VIOLATION OF CATCH CEILINGS
43
Section 102
VIOLATIONS
Introduction by human/machine
substances/energy
result/likely to result harmful effects on L&NL aquatic
resources
Pose/real hazard to human
Hinders aquatic activities
Deforestation & unsound agricultural practices


PENALTIES
1. Imprisonment- 6 yrs to 12 yrs; &/or
2. Fine-P 80,000 + P8,000/day
AQUATIC POLLUTION
44
1. Failure to Comply with Minimum Safety Standards-
owner/captain,
fails to exhibit/ show proof
Compliance to standards
suspension of license to operate
2. Failure to Conduct a yearly Report
Fishponds, Fish pens and Fish Cages
Cancellation of FLA, fine P500/hectare or
P 1,000
Section 103 Other violations
45
3. Gathering and Marketing of Shell Fishes-
sexually mature,
below min. size
above max. quantities

4. Obstruction to navigation or Flow and Ebb of
Tide in Stream, River, Lake or bay

5. Construction and operation of Fish Corrals/
Traps, pens, Cages- without a permit

46
Fine- P2,000-P10,000

Imprisonment - 1 month & 1 day to 6
months or both

Adm. fine- not more than P 10,000

Impoundment-Sec./law enforcement
agencywith assistance of PCG, PNP-MAR
Penalties . . .
47
Section 104
VIOLATION
Commercial Fishing Vessel to employ
unlicensed fisherfolk.

PENALTY

Fine- P 500 to P 1000 for each unlicensed crew
every month
EMPLOYING UNLICENSED FISHERFOLK OR
FISHWORKER
48
Section 105
VIOLATION
To undertake any construction that will obstruct the paths
mentioned in Sec. 2 of FAO 217 of migratory fishes, up to 1
km. seaward and 1 km upward of mouths of those rivers

MIGRATORY PASSAGES

1) Abra River (Abra, Mt. Province, Ilocos Sur);
2) Bicol River Basin (Camarines Sur);
3) Bisuangan-Kumalarang Rivers (Zamboanga del Sur)
4) Blu-an;Lowo-el Rivers (South Cotabato);
5) Butas River (Mindoro);
6) Cagayan River System (Cagayan Valley)



OBSTRUCTION OF DEFINED MIGRATION PATHS


49
MIGRATORY PASSAGES Continuation...

7) Calinawan- Tubay Rivers (Surigao Agusan);
8) Cotabato River Basin (Rio-Grande, Cotabato);
9) Laoag River (Laoag, Ilocos Norte);
10) Pansipit River (Batangas)



Migratory species fisheries species which in the course of
their life could travel from freshwater to marine water or
vice versa due to breeding, feeding and part of life cycle.

50
Section 106
VIOLATIONS
Boat owner, master or operator
Evades, obstructs, hinders Fishery Law
Enforcement Officer to perform his duty

PENALTIES
1. Fine-P 10,000.00; and
2. Cancellation of license
OBSTRUCTION TO FISHERY LAW
ENFORCEMENT OFFICER
b. Fishing by commercial fishing vessels in fishery
management areas declared as over exploited.
c. Engaging in any commercial fishing activity in
municipal waters when not listed in the registry of
municipal fisherfolk.

nice